Oregon Packaging EPR Program Survives Constitutional Challenge
In a lengthy ruling with significant implications for similar schemes across the country, a federal judge has upheld Oregon’s extended producer responsibility (EPR) program for packaging, printing, and food serviceware, holding that it does not violate the U.S. Constitution’s dormant Commerce Clause or Due Process Clause. Oregon is one of seven states to have enacted […]
California Finalizes Packaging EPR Regulations Under SB 54
California has finalized regulations implementing the state’s extended producer responsibility (EPR) program for packaging, more than a year after the governor directed CalRecycle to restart the rulemaking process over cost concerns. The final rule, approved May 1, 2026, implements California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54), passed in 2022. Despite the […]
Court Enjoins Oregon Packaging EPR Law in NAW Challenge
On February 6, 2026, the Oregon District Court granted a preliminary injunction in a challenge to Oregon’s packaging extended producer responsibility (EPR) scheme while dismissing other claims without prejudice. The one-paragraph order bases the injunction on the plaintiff’s dormant Commerce Clause and due process claims. Those claims allege that the scheme unduly restricts interstate commerce and […]
Oregon Defends Packaging EPR Program, Argues Court Lacks Jurisdiction
Oregon Environmental Quality Commission (EQC) officials are asking a federal court to dismiss a challenge to the state’s extended producer responsibility (EPR) law and implementing regulations, arguing that the court lacks subject-matter jurisdiction. The motion to dismiss, filed December 22, 2025, comes after the plaintiff, the National Association of Wholesaler-Distributors (NAW), asked the District Court […]
Colorado Proposes Amendments to EPR Regulations to Implement Eco-Modulation
The Colorado Department of Public Health and Environment (CDPHE) has released a proposed rule to introduce eco-modulation—a system that lowers dues for producers who meet specific sustainability incentives under the state’s extended producer responsibility (EPR) program for packaging. Under Colorado’s EPR program, producers of packaging and paper products will begin paying dues to a producer responsibility […]
California Packaging EPR Rulemaking Resumes With Key Deadlines Ahead
On August 22, 2025, CalRecycle published proposed regulations to implement California’s SB 54, which imposes a state extended producer responsibility (EPR) program for single-use packaging and plastic food service ware. Public comments on the proposal are due October 7, 2025, the same day CalRecycle will hold a hybrid public hearing. The rulemaking is CalRecycle’s second […]
EPR Packaging Laws: Key Requirements and Compliance Challenges
A significant regulatory shift is underway across the United States as multiple states adopt extended producer responsibility (EPR) laws targeting packaging waste. In 2025, Maryland and Washington State joined a growing list of jurisdictions—including Maine, Oregon, Colorado, California, and Minnesota—that now require producers of packaged goods to engage in one or more of the following: […]
Coca-Cola Wins Greenwashing Case
The DC Superior Court has granted Coca-Cola Company’s motion to dismiss a 2021 lawsuit filed against it for false and deceptive marketing practices. Plaintiffs argued that the company had falsely represented itself as a sustainable and environmentally friendly company. The 2021 Complaint alleged that Coca-Cola’s representations violate the District of Columbia Consumer Protection Procedures Act […]
Federal Trade Commission Seeks Comment on Green Guides
The Federal Trade Commission (FTC) released a request for public comment on updating its Guides for the Use of Environmental Marketing Claims (“Green Guides”), which provides guidelines for businesses that want to use environmental marketing claims in their advertising and labeling. The Green Guides aim to help businesses avoid making deceptive or misleading environmental. This […]
California’s Updated Plastic Packaging Regulations – More “Clamshell” and Other Plastic Containers Now Regulated
Major updates to California’s rigid plastic packaging container (“RPPC”) regulations went into effect at the start of the new year, adding over 500 million plastic containers to the program’s regulatory reach. The California Rigid Plastic Packaging Container Act was first passed in 1991 to encourage recycling and reuse and to reduce the amount of virgin […]